ROSARIO v. CITY OF LANSING

Docket No. 23671.

66 Mich. App. 597 (1976)

239 N.W.2d 428

ROSARIO v. CITY OF LANSING ESTATE OF ROSARIO v. CITY OF LANSING

Michigan Court of Appeals.

Decided January 8, 1976.


Attorney(s) appearing for the Case

Camille S. Abood, for plaintiff.

George H. Denfield, for defendant City of Lansing.

Before: QUINN, P.J., and R.B. BURNS and D.E. HOLBROOK, JR., JJ.


Leave to appeal applied for.

R.B. BURNS, J.

DeAndrea Rosario, while playing with other children in the Bethlehem Evangelical Lutheran Church parking lot, fell into an open sewer drain and drowned.

The administrator of her estate sued both the City of Lansing and the church alleging negligence. Plaintiff later amended his complaint to allege that the city knew that children played in the area and knew that the drain cover had been removed on prior occasions...

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